Terms Of Service

PLEASE READ CAREFULLY

By clicking “Accept” you enter into a binding legal agreement and contract (the “Agreement”) between you (“you”, “your”, “yours”, etc.) and IMAGE Interactive Multimedia Academy for Global Education, Inc., doing business as I.M.A.G.E. Inc. (“Licensor”). This Agreement limits your legal rights and the liability of Licensor.

Once you have read the Agreement by scrolling down to the bottom, you may click “Accept” or “Do not Accept”. If you click “Do not Accept”, you will not be able to continue with registration.

 

Disclosure under the Internet Sales Contract Regulation (Fair Trading Act), Alberta:
Name of Licensor: IMAGE Interactive Multimedia Academy for Global Education, Inc.
Licensor’s business address: Box 9, Site 15, RR#1, Didsbury, AB T0M 0W0
Licensor’s telephone number: 1-877-335-8376
Licensor’s fax number: 1-877-221-9808
Licensor’s email address: conferences@securevideoconference.com
Description of the services: full duplex VoiceOver Internet Protocal (VoIP) two way communications, video and tools.
Itemized list of the price of services provided: Products Available
Possible additional charges, if any: Products Available
Currency: United States Currency only
Terms, conditions and method of payment: monthly or annual subscription, major credit cards and PayPal
Date when services are to be provided: commencing immediately on request, continuing until terminated
Cancellation and refund policy: Cancellation & Refund Policy

Other restrictions and conditions: as stated in this Agreement.

 


SecureVideoConference®
End User License Agreement

Copyright (c) 2011 Image Interactive Multimedia Academy for Global Education, Inc.
Permission to use the Secure Video Conference web conferencing system (the “System”) and any included or related software (the “Software”) is subject to and conditional upon your agreeing to all the terms and conditions of this End User License Agreement (“EULA”).  All references to the System include the Software and all references to accessing and using the System include using and/or installing any Software. If you do not accept and agree to all the terms and conditions of this EULA, you may not access or use the System or install or use the Software.

PLEASE READ THIS EULA CAREFULLY BECAUSE ACCESSING OR USING THE SYSTEM AND/OR INSTALLING THE SOFTWARE CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS EULA BY WHICH YOU ENTER INTO A LEGALLY BINDING CONTRACT WITH IMAGE INTERACTIVE MULTIMEDIA ACADEMY FOR GLOBAL EDUCATION, INC. (“LICENSOR”)

 

  1. Reservation of Rights:  All rights, including without limitation, copyrights, not expressly granted herein are reserved to Licensor.   You do not own or gain any proprietary interest in or to the System or any Software. The System and the Software are protected by copyright and other intellectual property laws and international treaties.
  2. Grant of Limited License: Subject to the terms and conditions of this EULA and your continued compliance with same, Licensor grants to you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the System solely for your personal use. You are prohibited from:
    1. Modifying, alter, reprogram or create any derivations, derivative works or compilations incorporating or based on the System or the Software;
    2. Translating, reverse engineering, decompiling or disassembling the System, the Software or any components thereof, or attempting to do any of the foregoing or permitting anyone else from doing or attempting to do any of the foregoing;
    3. copying, publishing, distributing, or disseminating the System or the Software;
    4. removing or altering any proprietary notices attached to, affixed to, imbedded in, included in or associated with the System or the Software;
    5. accessing or using the System or the Software as a service bureau or to provide services or products to third parties other than as provided herein; and
    6. breaching any of the terms of Licensor’s Acceptable Use Policy as published or revised from time to time (the current Acceptable Use Policy being included in this EULA).
  3. Your Agreement with Licensor: You agree with Licensor as follows:
    1. You will strictly adhere to and follow all terms and conditions of this EULA, including, without limitation of the foregoing, all provisions, terms and conditions of Licensor’s current Acceptable Use Policy set forth below;
    2. You will not do or permit to be done anything in breach of Licensor’s rights herein, nor will you do or permit to be done any act prohibited herein;
    3. You agree that Licensor may change the terms and conditions of this EULA at any time, and from time to time, by posting such change or changes at www.SecureVideoConference.com (the “Website”) or, at Licensor’s option, by emailing you such notice, and you agree to regularly review the Website, and further agree to provide a valid email address to Licensor and regularly check such email address for messages from Licensor, provided that, while Licensor shall have the right, but not the obligation, to advise you by email of any changes to this EULA, Licensor shall have no obligation to you to do so.  If you continue to access or use the System or the Software following the posting or emailing of any such change, you agree that such continued access or use will constitute a full and binding acceptance of any and all changes posted or emailed to you;
    4. You will not breach any federal, provincial, state, county or municipal law, regulation, legislation, ordinance, rule, common law ruling or any other provision of the laws of the United States or Canada or any other country applicable to this EULA, the System or the Software, or to your use thereof;
    5. You agree that, in the event of any breach of any kind (not limited to material or fundamental breaches and including any breach capable of cure and any use or misuse of the System, the Software and/or your account by another with or without your authority) by you of the terms and conditions of this EULA and/or the Acceptable Use Policy then in effect, Licensor may, in its sole discretion, and at any time terminate this EULA and any account you may have with Licensor without notice and without liability of any kind to you;
    6. Licensor shall have the right, at any time and without notice or liability to you, to block your IP address and/or access to your account on a temporary or permanent basis and Licensor may do so with or without termination of this EULA;
    7. You use the System and the Software solely at your own risk and shall be solely responsible for all data, information, content and materials of any kind transmitted, received or accessed in any manner by you using the System and/or the Software;
    8. You will not use the System, the Software or your account to send or receive any data, material, content or information which infringes, violates or misappropriates the patents, trademarks, copyrights, trade secrets or proprietary rights of any kind of any other person or entity;
    9. Any disruption to the System or the Software, or access thereto by any person, due in whole or in part to your conduct, actions or failure to act shall be charged to you at the rate of $350.00 per hour in Canadian currency;
    10. You will pay to Licensor all amounts due and owing under this EULA or otherwise, and you will pay interest on any and all sums due and owing for more than 30 days at the rate of eighteen per cent (18%) per annum both before and after judgment, together with any and all legal costs, including lawyers’ fees and the costs of collection and settlement on a solicitor client basis;
    11. You will inform Licensor of any unauthorized or suspicious use of your account, the System or the Software immediately upon becoming aware of same;
    12. You will use your best efforts and up-to-date virus-scanning and anti-spyware software to avoid distributing viruses, spyware or other malicious code; and
    13. You warrant and represent that all information provided by you to Licensor is true, complete and accurate, including, without limitation, information provided in registration forms, and you will maintain and promptly update the Registration Data to keep it true, accurate and complete.
  4. Indemnification: You agree to indemnify, defend and forever hold Licensor harmless from any and all claims of any kind brought against Licensor by any person or entity arising out of or related to your use of the System or the Software, or out of any breach by you of the terms and conditions of this EULA.
  5. DISCLAIMER OF GUARANTEES, CONDITIONS AND WARRANTIES: YOU AGREE THAT LICENSOR HAS MADE NO EXPRESS GUARANTEES, REPRESENTATIONS, WARRANTIES, OR CONDITIONS, ORAL OR WRITTEN, TO YOU REGARDING THE SYSTEM AND THE SOFTWARE AND THAT THE SYSTEM AND THE SOFTWARE ARE AND WILL BE PROVIDED TO YOU “AS IS”, “WHERE IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND. LICENSOR EXPRESS NO VIEW OR OPINIONS WITH RESPECT TO ANY STATEMENTS OR PUBLICATIONS MADE BY ANY PERSON OR ENTITY USING THE SYSTEM AND LICENSOR SHALL IN NO EVENT BE LIABLE FOR SAME.  LICENSOR DISCLAIMS ANY AND ALL OTHER GUARANTEES, REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF A COURSE OF DEALING OR CONDUCT OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED  GUARANTEES, REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, COMPLIANCE WITH ANY DESCRIPTION, AND FITNESS FOR ANY PARTICULAR PURPOSE.  LICENSOR DOES NOT WARRANT THAT THE SYSTEM WILL BE CONTINUOUSLY AVAILABLE OR AT ALL.  LICENSOR WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES.
  6. LIMITATION OF LIABILITY: YOU ASSUME ANY AND ALL RISKS OF USING THE SYSTEM OR THE SOFTWARE.  IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, FAILURE TO REALIZE EXPECTED SAVINGS OR REVENUES, OR ANY OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SYSTEM AND/OR THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT WILL THE ENTIRE LIABILITY OF LICENSOR FOR ANY CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO LICENSOR TO ACCESS OR USE THE SYSTEM AND/OR TO USE OR INSTALL THE SOFTWARE IN THE YEAR BEFORE SUCH CLAIM ARISING. THE FOREGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
  7. Termination: This Agreement may be terminated at any time and without notice by Licensor in its sole discretion for any breach by you of the terms of this Agreement.  Upon termination, you must uninstall and destroy all copies of the Software and cease any access to or use of the System.
  8. Non-Waiver: Failure of Licensor to exercise any right or remedy available hereunder or otherwise at law shall not constitute a waiver of any subsequent right to exercise any right or remedy available to Licensor.
  9. Acceptable Use Policy: You will not engage in any activity in breach of Licensor’s Acceptable Use Policy, nor will you permit any other person or entity to do so by use of your account or otherwise, including, without limitation, any of the following (and you agree that an attempt to do any of the following, or a partial completion thereof, shall be equivalent to successful completion):
    1. Any conduct which is unlawful or tortious;
    2. Any participation in a pyramid scheme, Ponzi scheme, multi-level marketing scheme, contests, games of skill or chance, chain letters, or similar arrangement;
    3. Disclosing your user name, password, log in or other account information to anyone, or otherwise sharing such information with anyone;
    4. Generation, forwarding, sending or otherwise being involved with bulk commercial email, mass emailing programs or “Spam” (defined below);
    5. Hacking, cracking, using “bots” or other malicious computer code;
    6. Accessing, or attempting to access, the accounts of others on the System;
    7. Impersonating any other user of the System or forging email or other messages or content, information, documents, records or data;
    8. Breaching or compromising security measures of the System by any means and in any manner;
    9. Using, or allowing others to use your account to intentionally transmit computer viruses, worms, bots, Trojan horse or other harmful or malicious code or software programs;
    10. Without limitation, using logic bombs, back-doors, packet-sniffers, password generators, port-scanning tools, network scanning tools of any kind, root access or any similar or analogous tools, code, software, scripts or techniques;
    11. Doing, or omitting to do, anything which places an inordinate or unusual load upon, or disrupts the operation of, the System or any computer network, Internet Service Licensor or other system;
    12. Using the System or the Software for any purposes related to terrorism or similar activities, whether or not expressly prohibited by Canadian or United States law, including, without limitation, for the planning or encouragement of terrorist or other violent acts, or for the development, design, manufacture or production of explosives, or nuclear, chemical or biological weapons of mass destruction.
    13. Spoofing or faking the source of, or the recipient of, or the contents of any email or other message;
    14. Any conduct which interferes in any manner with the lawful usage of other users of the System or the Software;
    15. Any transmission or handling of any kind of pornography, profanity, hate literature, libelous, slanderous or defamatory material, violent content, content related to terrorism, or other objectionable material of any kind;
    16. Any harassment of any other individual, or harassment or giving unwelcome attention to any other individual; and
    17. Any other conduct of any kind determined by Licensor, in its sole discretion, to be objectionable.
  10. Content: Licensor shall have the right at any time, in its sole discretion, to add to, delete, modify or make unavailable any and all documents, records, data, material, content and information available through or contained in the System and/or the Software.
  11. Excessive Bandwidth Usage: Your SECURE VIDEO CONFERENCE account is available on a generally unlimited-use basis, meaning that you may use your conference room as often as you wish during each monthly term, but continuous 24-hour use may, in the sole discretion of Licensor, constitute excessive bandwidth consumption. If Licensor determines that your account is using an excessive amount of bandwidth, Licensor shall have the right to require you to upgrade your service level and you agree to do so.
  12. Continuous Audio Broadcasting: Continuous and uninterrupted audio broadcasting is prohibited in the terms of usage for your SECURE VIDEO CONFERENCE account. SECURE VIDEO CONFERENCE was developed for interactive full-duplex and two-way person-to-person communications not continuous audio broadcasting. Licensor reserves the right to monitor user activity and, in its sole discretion, immediately terminate any account without refund if such account is found being used for purposes not consistent with two-way person-to-person communications. Licensor reserves the right in the case of any violation resulting in system damages to hardware, software, or customer downtime to seek damages against you.
  13. Spam: Spam consists of advertising services or goods by email to anyone without specific prior request or in the absence of a previously established relationship. Messages sent to unknown parties for the purpose of creating a request shall also be deemed to be Spam, even if specific services or goods are not mentioned. Also considered Spam are any messages posted to message boards or Usenet groups that are not related to their subjects of discussion. In the event of a dispute regarding Spam, the decision of Licensor shall be final. You acknowledge and agree that Licensor has a ‘zero-tolerance’ Spam policy and any breach of this EULA or Licensor’s Acceptable Use Policy regarding Spam or similar content or techniques shall be grounds for immediate termination without compensation or liability to you and shall be without limitation to any and all legal remedies available to Licensor. Spam will not be tolerated in any context, including without limitation an invitation to your SECURE VIDEO CONFERENCE web conference room.
    In addition, you agree that you will be liable for any financial loss caused to Licensor as a result of Spam, including without limitation service interruptions, which will be charged and paid by you at a rate of $350.00 USD per person per hour minimum.   You agree to familiarize yourself with, and to comply with, all relevant laws and regulations regarding Spam.
  14. System Maintenance and Stability: Periodically, the SECURE VIDEO CONFERENCE server(s) will undergo routine maintenance or be subjected to unexpected technical problems and issues. While Licensor will make reasonable commercial best efforts to perform such maintenance as quickly and efficiently as possible, and to respond to technical problems promptly to reduce user downtime, Licensor will not in any circumstance be responsible for costs, difficulties, problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by customers; or temporary or permanent loss of data.
  15. Force Majeure: Licensor will not in any event be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of other facilities of another company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the SECURE VIDEO CONFERENCE® system.
  16. Entire Agreement: This EULA, including the Acceptable Use Policy, constitutes the agreement between you and Licensor, and supercedes and nullifies any and all prior understandings, correspondence, agreements, promises and undertakings, if any, made orally or in writing by or on behalf of Licensor with respect to the subject matter of this EULA. This EULA is not intended to give and does not give any rights or remedies to any third party, or any person other than you and Licensor.
  17. Governing Law: This EULA and all matters arising out of or related thereto will be construed under and governed in all respects by the laws of the Province of Alberta, Canada, without regard to its conflicts of law provisions. You agree that the courts of Alberta alone have jurisdiction over all disputes arising under this EULA and you attorn to the jurisdiction of such courts.  Any and all disputes under this EULA shall be heard at the City of Calgary, in the Province of Alberta.  You undertake and agree that you will not commence any proceedings by way of, or in the nature of a class action or class proceeding with respect to this EULA.
  18. Assignment: You may not assign this EULA, which is personal to you, or your rights or obligations hereunder.
  19. Export Controls: The Systems, Software and the SECURE VIDEO CONFERENCE client interfaces may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country with respect to which the Countries of Canada or United States have embargoed goods, or placed on a prohibited list, or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial Orders, or anyone otherwise prohibited by U.S. or Canadian law.  By entering into this EULA, you accept and agree to the foregoing and you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
  20. Privacy and Lawful Access: Licensor may and will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other unlawful activity and, notwithstanding any provision herein to the contrary, may at any time release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, Licensor has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Licensor will include all steps that Licensor deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
  21. Subscriber Payment Obligations: The payment processor for Licensor will bill your credit card monthly for your SECURE VIDEO CONFERENCE subscriber account until otherwise cancelled. Licensor may change the amount of the monthly subscription upon thirty (30) days written notice that may be delivered to the registered email address you provide for your account, which shall constitute valid notice.
  22. Canceling a Subscription: You may cancel your subscriber account at any time. To cancel your monthly subscription, please submit your request to: conferences@securevideoconference.com using the subject line “Cancel Please.”
    Your monthly room subscription payment must be canceled at least twenty four hours prior to the scheduled date of the next payment or you will be billed for and agree to pay for a further month.  Licensor in its discretion, while not obligated to do so, may accept late cancellations.
  23. Termination Of Service: If your monthly subscription is not paid within 5 days after the due date, your account will be cancelled without further notice.
  24. IP Address and Emails: Your IP address is logged for security and account verification and you will automatically receive follow-up emails from Licensor until you opt-out of the system.

I warrant and represent that I have read, accept and agree to the above terms and conditions of this Agreement.

I have read, accept, consent and agree to the above Agreement

(ALERT: should you choose to continue with your registration you will be agreeing to above terms and conditions)